The following provisions apply to BCYF’s Grant Agreement.
Grant Funds
1. Expenditures of Grant Funds; Lobbying
Grant payments to grantees must be made with advance approval in writing signed by BCYF. Grant expenses may not be incurred by the Grantee prior to or subsequent to the Grant Term. The Grantee may not use the Grant to participate in or intervene in any political campaign or to influence legislation.
2. Release of Grant Funds
The Grant will be disbursed to the Grantee in accordance with the payment schedule outlined in this document. There are reporting requirements in place that make the release of the Grant conditional upon approval of those requirements. Please see the Grantee Compliance Schedule. If the Grantee has any questions, they should contact their assigned Program Officer.
3. Reversion of Grant Funds
Grantee will immediately return any unexpended funds at the close of the Grant Period. BCYF reserves the right to terminate the Grant and/or seek return or repayment of the grant funds if any of the following apply:
Grantee loses its exemption from federal income taxation under Section 501(c)(3) of the Internal Revenue Code or ceases to be an entity organized in or under the laws of the United States, and the State of Maryland;
Grantee is listed by the U.S. Government or an agency as an organization considered to be associated with terrorism or violent acts;
Grantee becomes bankrupt or insolvent;
Grantee’s failure to comply with the Grant Agreement or special conditions, if any, of Grantee’s Project;
Grantee has made any misrepresentations, has in any way misappropriated grant funds, or has failed to perform the program, project, or other activity funded by the Grant, in each case as determined by BCYF in its sole discretion; or
Grantee has engaged in misconduct that may negatively impact BCYF’s reputation.
4. Modification to Grant Budget
Budget modifications are not required. However, if there is a programmatic need to spend more/less on a budget line item, it is the grantee’s responsibility to ensure that expenses are allowable. You will find a listing of allowable costs in Allowable Cost Reference Guide within the BCYF Grants Manual. If you are uncertain whether an expense is allowable, you should contact your Program Officer for review following this process. BCYF has no obligation to provide other or additional support for the grantee’s project; nor does this grant represent any commitment to, or expectation of, future support from BCYF for this or any other project.
5. Modification to Scope of Work
Requests for modifications or changes must be submitted to BCYF in writing, and BCYF will notify the grantee upon review of the requested modification or change. BCYF has no obligation to provide other or additional support for the Grantee’s project; nor does this Grant represent any commitment to, or expectation of, future support from BCYF for this or any other project.
Grantee Personnel & Recordkeeping
1. Grantee Personnel
The Grantee represents that they have or will secure, at its own expense, all personnel required to perform the services described in this grant. Such personnel shall not be employees of BCYF. The Grantee agrees that they and all other persons employed or engaged as volunteers by the Grantee in connection with this grant shall comply with the terms and conditions of this grant.
2. Recordkeeping
The Grantee agrees to comply with the standards and procedures of BCYF’s Financial Accounting and Audit Requirements, BCYF’s Requirements for Program/Participation Reporting, and Recordkeeping, Compliance, and Monitoring, as set forth in the Grants Manual.
Compliance With Applicable Law
1. Minority and Women Business Enterprises
If applicable, the requirements of Baltimore City Code (2000 Edition), Article 5, Subtitle 28, as amended, are incorporated by reference in the Grant Agreement. If applicable, the failure of the Grantee to comply with these requirements shall constitute material breach of the Grant Agreement.
2. Nondiscrimination
The Grantee agrees that in its employment practices or delivery of services under the Grant Agreement, it will not unlawfully discriminate in any manner against any person on the basis of race, color, religion, national origin, ancestry, sex or gender, age, physical or mental disability, marital status, sexual orientation, or any other protected status. At all times, the Grantee shall comply with all applicable employment laws and regulations including the MINORITY AND WOMEN’S BUSINESS ENTERPRISES and COMMERCIAL NON-DISCRIMINATION POLICY of the Baltimore City Code.
Conflicts
1. Indemnification
Grantee shall indemnify, defend, and hold harmless BCYF, its employees, officers, agents, servants, contractors, funders, and volunteers against any and all claims, demands, suits, actions, liabilities, or expenses, including attorneys' fees and court costs, arising out of any act or omission of Grantee, its employees, officers, agents, servants, contractors, or volunteers while providing services or goods pursuant to the Grant or in any way related to the Grant Agreement.
2. Liability
The liability of BCYF for any claims, liabilities, actions, or damages arising out of or relating to the Grant Agreement, howsoever caused and regardless of the legal theory asserted, including breach of Grant or warranty, tort, strict liability, statutory liability or
otherwise, shall not, in the aggregate, exceed the lesser of the Grant under the Grant Agreement or amounts payable to the recipient prior to any termination of the Grant Agreement. In no event shall BCYF be liable for any punitive, exemplary, special,
indirect, incidental, or consequential damages (including, but not limited to, lost profits, lost revenues, lost business opportunities, loss of use or equipment downtime, and loss of or corruption to data) arising out of or relating to the Grant Agreement, regardless of the legal theory under which such damages are sought, and even if BCYF has been advised of the possibility of such damages or loss.
Additional Provisions
1. Conflicts of Interest
By executing the Grant Agreement, BCYF, and Grantee, including all of their agents, officers, and representatives, mutually promise and assert that they have not engaged in any practice or entered into any past or ongoing agreement that would be considered a conflict of interest as it pertains to this Grant, and further agree to refrain from entering into any such engagement for the duration of the Grant Agreement.
2. No-Cost Extension
A No-Cost Extension may be granted at the sole discretion of BCYF for excusable delays that arise from unforeseeable circumstances beyond the control and without the fault or negligence of the Grantee. Request for a No-Cost Extension shall be in writing detailing the reason(s) for the extension. The granting of a No-Cost Extension shall be made solely at the discretion of BCYF.